MANI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE limited challenge herein is to the order. Annexure P-1, dated 2.11.1994 passed by Shri N.D. Achint, Judicial Magistrate, Sirsa wherein he entertained a petition under Section 340 of the Code of Criminal Procedure and ordered investigation/registration of the case under Section 156(3) Cr.P.C. against the petitioners herein.

(2.) ALL that is being argued is that the Magistrate with the powers conferred on him by virtue of sub-Section (3) to Section 156 Cr.P.C. could not order registration of a case and at the most he could order investigation. It is, thus, the part of order wherein word 'registration' of the case has been mentioned that is being agitated in the present petition filed by the petitioners under Section 482 of the Cr.P.C.

(3.) THIS petition is allowed in the manner indicated above.